Xuehua Sun v. Holder

MEMORANDUM *

Sun Xuehua, a native and citizen of China, petitions for review of the Board of *688 Immigration Appeals’s (BIA) decision affirming the decision of an immigration judge (IJ) denying Sun’s application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a).

The BIA denied Sun’s application for asylum as untimely. We lack jurisdiction to review this determination because it was based on the BIA’s factual determination that Sun did not show changed circumstances to justify filing her application more than one year after entering the United States. See 8 U.S.C. § 1158 (a)(3). Therefore, Sun’s petition for review of the BIA’s denial of her asylum claim is dismissed.

The BIA dismissed Sun’s appeal with respect to her withholding of removal claim because it found no clear error in the IJ’s adverse credibility finding. However, we find that the following reasons the IJ gave for finding Sun not credible are not supported by substantial evidence: (1) that Sun stated in her declaration that the Chinese government’s crackdown on Falun Gong began in 1998; (2) that Sun’s testimony that she…